Skip to main content

About this Show

The FOX Report With Shepard Smith

News/Business. Shepard Smith. Analysis and interpretation of the day's lead stories. New. (CC)

NETWORK

DURATION
01:00:00

RATING

SCANNED IN
San Francisco, CA, USA

SOURCE
Comcast Cable

TUNER
Virtual Ch. 760 (FOX NEWS HD)

VIDEO CODEC
mpeg2video

AUDIO CODEC
ac3

PIXEL WIDTH
1280

PIXEL HEIGHT
720

TOPIC FREQUENCY

U.s. 13, Sandusky 10, Us 8, Libya 7, Syria 6, Romney 5, North Korea 5, United States 4, New York 4, Obama 4, Nato 4, Hartley 3, Amtrak 3, Charlie Brown 3, Iowa 3, Mexico 3, Colorado 3, Washington 3, Turkey 3, Los Angeles 3,
Borrow a DVD
of this show
  FOX News    The FOX Report With Shepard Smith    News/Business. Shepard Smith. Analysis and  
   interpretation of the day's lead stories. New. (CC)  

    October 9, 2012
    4:00 - 5:00pm PDT  

4:00pm
>> just back ups. thanks for letting us into your homes. that is it for this they are report. a busy week this week in politics and we have you covered, fair, balanced and unafraid. >> shep: this is the fox report. tonight ruffled feathers on the campaign trail. now people at sesame street are weighing in on the race. the question is, will the obama campaign pull the plus on its big bird ad? plus, sentencing day for the convicted penn state child rapist, jerry sandusky. >> displayed deafians and narcissism. >> the former assistant coach will coach will certainly opinion the rest of his life in prison. but sandusky and his attorneys still maintain he's innocent. >> i hate to use that phrase
4:01pm
from the o. j. simpson barracks if ever there was a rush to judgmenter. >> shep: tonight sandusky learns his fate. plus, one of the most wanted drug king pins on earth is reportedly dead after a gun fight near the texas border. he was the leader of the vicious zeta cartel who went by the name, the executioner. but now we're told a gang has stolen his body and one of his underlings is under arrest for the murder of an american on a border lake. but first in fox this tuesday night, battle ground ohio. president obama and governor mitt romney are both in that crucial swing state tonight. four weeks to the day before the election, and some analysts are pointing out there is a change in the polls. today yet another round of opinion polls showing governor romney pulling ahead of the president after that big debate. the governor now has a two-point lead in the latest gallup poll of likely voters.
4:02pm
before the debate, the president was up by five points in the same poll. the obama camp down playing the numbers. one campaign spokesman says he expected this to happen. a live look now in ohio where governor romney is getting ready for a rally. 18 electoral votes up for grabs four weeks from tonight. as i reported, no republican has won the white house without first winning ohio. the governor started his day in another battle ground state, iowa. he responded to one of the president's latest attack lines over the governor's pledge to cut funding for pbs. home of big bird. >> these are tough times with real serious issues. so you have to scratch your head when the president spends the last week talking about saving big bird. i actually think we need to have a president who talks about saving the american people and saving good jobs and saving our future. >> shep: now the people at sesame street are asking president obama's campaign to stop using that big bird in a new ad. more on that in a moment. ed henry with the president, columbus, ohio.
4:03pm
first the campaign, carl ramry at governor romney's rally. i mentioned today he was in iowa earlier. first time he's been there in a while, huh? >> it was. that's another battle ground state he's giving more consideration to having seen these polls tick up for him. there is 1,000 people inside the metal detectors. we're told there is five or 6,000 still waiting to get in. in iowa earlier today, mr. romney wanted president obama saying the administration has neglected farmers and the agriculture industry and he neglected rural vote increase the heartland. listen. >> there are big differences between the president and me. he has no plan for rural america, no plan for agriculture. no plan for getting people back to work and i do. you know i spoke about it all over the country. i'm going to make sure i help the american farmer and i help the economy and get america work again. >> to that end today, mr. romney again said that he would eliminate the estate tax, the so-called death tax and went
4:04pm
further as he has on occasion during this campaign to say that he would eliminate capital gains and interest in dividends taxes on the middle class. all in an attempt to spur the economy. shep. >> shep: carl, what's the thinking on governor romney's bounce in the polls since that first big debate? >> they are very pumped here. the romney campaign is quite excited. they say there is more to come. they're building and talking about their ground game, grassroots, 4 million people have been contacted here in ohio alone. 4 1/2 million. that's more than a third of the overall population. the polls have ticked up. romney has closed the gap, leading in some of the national polls, within the mar i didn't know of error, and in most of the battle ground states, he's either closed the gap and in a couple of cases, gone up by a point or two. these are swings in the polls. he's eliminated any bounce the president had gotten from his convention with the own bounce he got last week. with the vice presidential debate this week and two more presidential debathes and generally both campaigns have recognized for the better part of the last year that this race
4:05pm
was always going to hover at a close to even tie, 45-47 apiece and it will be decided probably in the last two weeks to ten days as that last 6% of undecideds make up their mind. that's why the grassroots organization battle is so important. the polls have always been tight. they're likely to stay that way until the end. >> shep: be a fries otherwise. in ohio as the band plays and as i mentioned, president obama is also in ohio tonight. he's not backing off the big bird attacks. team tox coverage continues. ed henry is live. they played the sesame street theme at tonight's rally, didn't they? >> here in ohio state, shep, the crowd is warming up and said this is the sound track from my childhood and people were looking around. he played the sesame street theme. it got laughs from the crowd. republicans not laughing so much. they rolled out another sesame street character today, count, and basically said, they counted up the number of times that the president hasn't talked about
4:06pm
libya in the last few days, hasn't talked about a specific economic plan the last couple of days. but has talked about big bird about a dozen times in recent days, including last night at a san francisco fund-raiser. take a listen. >> elmo has been seen in a white suburban, driving for the border. oscar is hiding out in his trash can. we're cracking down on him. >> obama camp not backing down, even rolled out a new ad using big bird in there and they basically say there is a policy point here that they think mitt romney, the debate picked on pbs, said he'd cut that rather than borrowing more money from china. but meanwhile, will not crack down on wall street. so wants to crack down on sesame street. they want to get big bird out of that ad. the obama camp said they're reviewing whether or not to do that. >> shep: bigger picture, what's the thinking about the broad strategy for the president going
4:07pm
ahead in this campaign? so many democrats called for him to get tougher, among other things. >> they have. what's interesting is the president himself of this san francisco fund-raiser last night acknowledged that some of the criticism was getting to him, that they heard you were too polite in that debate and he said, look, basically he's ready to ramp up the attacks, but he's walking a fine line here because the second debate is a town hall format and if he really beats up on mitt romney, it with backfire having real voters in the room. look at this new abc news "washington post" poll on likeability, favorability. 55% of registered voters have a favorable view of the president. and even with the romney bounce, his favorability is up to 47%. but unfavorable 51% for romney. the point is, if the president really goes negative and ramps up the attacks in these future debates, that may bring his likeability down and actually help mitt romney. >> shep: ed menry live, columbus, ohio. we're gotting our first look at the stage where the running mate also face off in their only
4:08pm
debate. it's set for thursday night. day after tomorrow at center college in danville, kentucky. vice president joe biden and congressman paul ryan taking a break from the campaign trail, presumably to get ready for the showdown. of course, you can watch the debate live here on fox news channel this thursday. our coverage begin just shy of 9:00 o'clock on fnc. we're planning to be there for studio b and the fox report, live, danville, kentucky, thursday. the former penn state university assistant football coach who spent more than a decade abusing little boys will now likely die in prison. but he got in one last dig on his victims. this morning a judge gaviery sandusky a sentence of 30 to 60 years in prison for the 68-year-old ex coach, it is effectively a life sentence and a guarantee he will never again hurt anybody as he did those young boys. today in court, three of those young boys, three of san sand's then victims confronted him. witnesses say one looked him directly in the eyes, stared at the man who once was a trusted authority figure, and who
4:09pm
betrayed that trust by abusing him over and over again. that victim told sandusky in court, i want you to know i don't forgive you and i don't know if i ever will forgive you. my only regret is that i didn't come forward sooner. another victim saying, i didn't know how it process what happened when you told me you were the tickle monster and touched my 11-year-old body. a third said sandusky took away his childhood when he assaulted him. sandusky spared no remorse for any of his ten victims. in fact, he made it perfectly clear he's the victim. when he addressed the court, he denied doing anything wrong. he spoke only of his own pain and the freedom that he's lost. his comments echoed those he made yesterday on penn state radio. >> we lost a speculation, stories that were influenced by people who wanted to convict me. >> shep: this from a man who
4:10pm
raped little boys. and today blamed them. today the judge said he was taking sandusky's denial and outright lies into account, then he put sandusky behind bars for decades. and the judge told the victims that they will be remembered not for the assault they survived, but for their courage in coming forward. david lee miller covered the trial and the sentencing hearing and he's live outside the courthouse. how did people react when the judge pronounced the sentence? >> it was notable, shep, that sandusky appeared to be completely unemotional when he heard the sentence. 30 years behind bars. he briefly looked down, but he displayed no other emotion. the judge said he could have sentenced sandusky to certaintiries, but essentially added that by doing so would serve no purpose. the defense and the prosecution each saw something positive in the judge's ruling. >> obviously it's still a life
4:11pm
sentence, but a lot less than we thought it could have been. >> i believe that the sentence that the court imposed was a wise and proper one and that reflected the seriousness of the crimes. the harm he caused and the need to remove him from society. >> the soonest that sandusky will be eligible for parole is when he is 98 years old. shepherd. >> shep: david lee miller, thank you. for years an accused terrorist has been fighting extradition to the united states. last week he lost that battle and today he was in court right here in new york for the very first time. just ahead, how he pleaded and why security insisted on taking away his prosthetic hand. that's coming up from the journalist on this tuesday foxce report make 70,000 trades a sec. ♪ reach one customer at a time?
4:12pm
♪ or help doctors turn billions of bytes of shared information... ♪ into a fifth anniversary of remission? ♪ whatever your business challenge, dell has the technology and services to help you solve it. and i was told to call my next of kin. at 33 years old, i was having a heart attack. now i'm on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. i didn't know this could happen so young. take control, talk to your doctor.
4:13pm
[ "the odd couple" theme playing ] humans. even when we cross our "t"s d dot our "i"s, we sll run into oblems -- mainly other humans. at liberty mutual insurance, we understand. that's why our auto policies come with accident forgiveness if you qualify, where your rates won't go up due to your first accident,
4:14pm
and new car replacement, where if you total your new car, we give you the money for a new one. call... to talk to an insurance expert about everything else that comes standard with our base auto policy. [ tires squeal ] and if you get into an accident and use one of our certified repair shops, your repairs are guaranteed for life. call... to switch, and you could save hundreds. liberty mutual insurance -- responsibility. what's your policy? >> shep: the one eyed terror suspect who has a steel hook for a hand today in court pleaded not guilty to conspire to go set
4:15pm
up a terrorist training camp in oregon. it was late on friday that the united kingdom extradited him to the united states, along with four other terror suspects. he had been fighting the extradition for years. he claims he lost his eye and both of his hands during the soviet invasion of afghanistan and he is notorious in great britain, accused of turning his mosque into a breeding ground for extremists. a mosque attended none other than the 9-11 terror suspects and robert reid. the attorney general said he was pleased that he's in u.s. custody. >> finally here and so they will now face justice in american courts. i think that's a good finger. >> shep: if he's found guilty on all 11 counts against him, he could spend the rest of his life if prison. jonathan hunt is live with more. did we hear from the suspect today? >> we did, shep. but he didn't say much.
4:16pm
asked by the judge, is your plea not guilty, he replied, yes, it is. other than that, we just saw the one eyed hook handed cleric whispering to his court-appointed attorney a couple of times. according to that attorney, he is less concerned about his trial, which is now set to begin next august, and more concerned about how he'll survive in jail until then without the full time use of his prosthetics, including that infamous hook. listen. >> i assume your prisoner will do what he can appropriate to he can have defend his case and take care of himself and eat and write and do what he has to do to survive in jail. >> of course, prison officials say they have removed that hook from him because it could pose a risk to prison guards. shep. >> shep: i mentioned there were four of these terror suspects all together and two others am
4:17pm
in court in a separate hearing, right? >> yes. these two appeared in this same court, but in a separate courtroom earlier today. they were extradited at the same time. these two here in the federal court housed in downtown manhattan today are accused of taking part in the 1998 bombings of two u.s. embassies in nairobi, kenya and tanzania. those attacks killed 224 people, including 12 americans. the trial for these two is set to begin next october. shep. >> shep: jonathan hunt in new york city. thanks. the family of a missing girl in colorado is now begging for the public's help to bring their child home. this is video of ten-year-old jessica ridgeway. she disappeared in suburban denver while walking to school on friday. her family put out this video asking folks to please get a good look at her.
4:18pm
hundreds of volunteers have searched fields and retraced her route to school. they found the girl's backpack on a sidewalk this weekend, they tell us, about six files from her home. today an f.b.i. evidence team went inside that home while family members did interviews. jessica's father struggled to speak to reporters. >> the worst thing i've ever been through. i don't know what to do, you know. i just want to find my daughter. >> shep: just wants to find his daughter. the cops say the parents have a cooperated and they're following up on more than 400 tips. after two years of unanswered questions and unending pain, authorities in mexico say they have finally arrested a suspect in the killing of an american along the mexican border. but the victim's wife says there is one thing for which she still needs closure and that's this.
4:19pm
...seems like you guys got a little gassed out there. enough already. c'mon guys. next question. hello! what's your favorite color? what's my favorite color? yes. purple. what's your favorite animal? sea turtle. what's your bedtime? do you believe in space aliens? ...i love puppies. hash browns or home fries? home fries. do you like my dress? why can't you guys ask good questions like this? [ morgan ] for a chance to interview an nfl player... join visa nfl fan offers and make your season epic.
4:20pm
4:21pm
4:22pm
>> shep: big news out of mexico where the navy reports -- mexican navy, delivered a pair of blows to the most vicious drug cartels. mexican marines say they killed the leader of the zetas cartel in a fire fight. multiple news outlets dubbed him the executioner. he's reportedly a former special forces officer whose cartel put the severed heads of his rivals on display and carried out massacres and assassinations. fox news can't independently confirm any of that. now a mexican prosecutor says they stole the leader's body from a funeral home. the details on that in a moment. the marines said they arrested another boss pictured on the left. mexican authorities accused him of killing an american named david hartley if 2010.
4:23pm
you may recall this was the one whose wife said he was out jet skiing on that lake along the u.s. border with mexico when somebody just shot him dead. trace gallagher could have had the story then and has an update now. let's start with this david hartley case. how did they catch his accused killer? >> after a gun battle south of laredo, texas. the mexican military said they arrested a number of men and one was this guy. he is alfonso martinez escobedo, known as the squirrel. he's believed to be the cartel's number one assassin behind some of the biggest mass murders in mexico's bloody drug war. the mexican authorities believe he is responsible for the deaths of david hartley, as well as the police commissioner who was investigating hartley's death. remember, his head was delivered in a box. the sheriff on the u.s. side of falcon lake and activey hartley, david's wife, have doubts about the squirrel's involvement. listen. >> i don't believe that he pulled the trigger. i believe it's probably he
4:24pm
either said yes, go ahead, or he had something to do with the guys who were behind it. but that's what we're really looking for is what is his link to david and where -- does he know where david's body is. >> on that note, mexican authorities say they have no word on david hartley's remains. >> shep: now the matter of the stolen body, the head of the zeta cartel. if they have no possible, how can they be so sure that they killed him? >> the mexican authorities say that after the man was shot and killed, they took his body to a morgue and positively identified him using fingerprints, as well as pictures. now, the fact that his body was stolen from a funeral home is a huge embarrassment to the mexican government, but if they did get him, experts say that's a big victory. here is a form d. a. agent today on studio b,
4:25pm
listen is a warning bell to every other cartel leader. these guys walk around with targets on their back. that's the strategy because if you're wondering about the next step you take outside, if you're going to be locked up or killed, you're less able to operate your illegal activities. >> remember, this is all coming from the mexican government, the u.s. state department and the d.e.a. still have not confirmed the death of the leader of the zeta cartel. >> shep: trace gallagher in los angeles. thanks. federal prosecutors say a major united states bank cost taxpayers millions and millions of dollars and now the government is suing that bank. the charge? mortgage fraud. executives say look out, feds, you're in for a fight. plus, five years ago today, the stock market hit record highs. a bit of a different story tonight as europe's money troubles cause more chaos in the streets. quite literally. that's coming up as we approach the bottom of the hour and the top of the news as fox report live is live tonight
4:26pm
mike rowe here at a ford dealer with a little q&a for fiona. tell me fiona, who's having a big tire event? your ford dealer. who has 11 major brands to choose from? your ford dealer. who's offering a rebate? your ford dealer. who has the low price tire guarantee... affording peace of mind to anyone who might be in the market for a new set of res? your ford dealer. i'm beginning to sense a pattern. buy four select tires, get a $60 rebate. use the ford service credit credit card, get $60 more. that's up to $120. where did you get that sweater vest? your ford dealer. olaf's pizza palace gets the most rewards of any small business crit card! pizza!!!!! [ garth ] olaf's small business earns 2% cash back on every purchase, everday! helium delivery. put it on my spark card! [ pop! ] [ garth ] why settle for less? great businesses deserve the most rewards! awesome!!! [ male announcer ] the spark business card from capitalne. choose unlimited rewards with 2% cash back or double miles on every purchase, every day! what's in your wallet?
4:27pm
4:28pm
4:29pm
>> shep: lady gaga reportedly it a dinner date with julian assange. she posted this thing of herself with assange on her web site. the telegraph newspaper in the united kingdom report she spent five hours with him last night at the ecuadorian embassy in london. he hangs out there a lot. he's been there since june, claiming asylum. he's wanted in sweden on accusations he sexually assaulted two women.
4:30pm
i'm shepard smith. this is the fox report. it's the bottom of the hour. time for the top of the news and nato reports it has a military plan ready should it need to defend turkey from an attack by syria. that statement is its strongest since syrian forces last week began firing shells across the border into turkey. it also ignites new fears that that vicious civil war in syria could soon turn into a regional conflict. a civil war that activists say left more than 30,000 people dead. syria claims the deadly artillery attack last wednesday was an accident, an outcome of that civil war. but it's important to note that many rebels used turkey as a safe haven to launch attacks against the syrian regime. so there is that. now turkey reports it has moved additional military assets to the border region, including more than two dozen f-16 fighter jets. jennifer griffin on the top story at the bottom of the hour. she's live at the pentagon tonight. it looks like it can be
4:31pm
contained? >> well, there has been six days of artillery fire across the border between syria and turkey. at first it looked like it was going to be a one-day thing. nato leaders are concerned now that turkey has moved 25 f-16s to its air base close to the syrian borrowed. they've moved troops to the border and today the chief of army staff of turkey was on the border looking through binoculars to the other side. nato secretary general not want to go look as though it is not standing by member state turkey, said the alliance had drawn up plans to help turkey against syria if needed. >> this is an alliance based on the principle of solidarity and, of course, turkey can rely on alliance solidarity and this is the reason why we do have our plans in place to protect and defend turkey.
4:32pm
but for reasons you understand very well, we can't go into details. >> none of the nato nations until now, shep, have wanted to get involved in the war. >> shep: we'll see who gets dragged in war. leon panetta is there still talking? >> he's in brussels meeting with his colleagues tomorrow and issued this warning overt weekend, however. >> obviously the fact that there are now exchanges of fire between these two countries raises additional concerns that this conflict could broaden. >> one of the reasons western nations have not wanted to get involved in syria despite the large number of civilian deaths is that there are hundreds of syrian militias, according to intelligence analysts and it's difficult to separate friend from foe as has become evident in dealing with a post-gadhafi regime in libya. >> shep: focus game changer in the fight against extremism in pakistan. reports of outrage across that
4:33pm
nation after a member of the taliban shot a 14-year-old girl in the head and neck and the reason? because she supported education for women, something the taliban strongly oppose. the girl was on her way home from school as the story goes, when police say the gunman approached a crowded school bus and asked whether anybody could point out this one girl. cops say another student did exactly that. and the gunman shot them both. medical workers air lifted the teenage activist to a nearby military hospital. somehow both girls survived. pakistan's prime minister condemned this and say the 14-year-old is quote, like my daughter. and yours, too. in neighboring afghanistan, a woman is freedom and women's rights. this is news in a country where little more than a decade ago, women were not allowed to go outside alone. ♪ . >> shep: a rare thing for afghan women to appear on stage. the rapper says some relatives refused to talk to her because
4:34pm
of these performances. a dreary day for our 401(k)s and a dismal outlook for the world's economy. you're welcome. the dow dropped 110 today. the nasdaq off 45. s & p off 14. those numbers five years to the day since the dow and the s & p hit record highs. we've been doing well lately. but traders reacted to the monetary fund's prediction that the global economy will grow by 3.3% this year. that's down from the forecast that came out in july. and in europe, the seemingly never ending budget problems set off protests on the streets of athens today. police used stun grenades and pepper spray this as protesters tried knocking down that barricade outside of the parliament building. wells fargo intentionally hid the truth about thousands of mortgage loans it certified for a federal insurance program and it cost us taxpayers, get this, $190 million when those loans
4:35pm
failed. that is the report from federal prosecutors who sued the mortgage giant for fraud. the feds say they're seek damages and civil penalties from the bank for more than ten years of misconduct and that's a quote. wells fargo denies all these allegations and in a statement, a company spokesperson says many of the issues in the lawsuit had been previously addressed with the department of housing and urban development, goes on to say, wells fargo is the leading federal housing administration lender and has acted adds a prudent and responsible lender with fha delinquency rates that have been as low as half the industry average. wells fargo claims it will vigorously defends itself against this lawsuit. the "fox business" network's gerri willis is with us. which loans did wells fargo allegedly, i don't know, lie about? >> thousands and thousands of ones that were backed by this fha administration -- this is a federal government. the u.s. attorney saying that they made mistakes making these loans and they knew about it. now those loans later defaulted
4:36pm
on. that's one clue that there might have been a problem. >> shep: i know that all the stuff going on overseas was part of the markets today. was this part of the market drop as well? >> i doubt it. it came late in the day. i'm not sure people were paying a lot of to say it. what's more, a loft these suits have been filed by the u.s. attorney, filed five of these suits, three settled. hundreds of millions of dollars going to taxpayers. now you might be wondering how wells fargo did today as the stock. not so hot. down 70 cents or 2%. so i think people have heard a lot about this coming out. they're kind of expecting it and so you don't see a huge selloff on the news. >> shep: when you ask the bank, they haven't done anything wrong. >> absolutely. >> shep: neither have we. >> that's right. we're perfect. >> shep: thanks so much. folks in california now have to deal with a fourth straight day of record gas prices. the cost of a gallon of regular unleaded only inched up by a fraction of a cent. 4.67 on average. that's 50 cents higher than it was last week. and way above the national average.
4:37pm
look at the prices at this station in southern california. wow! approaching $6 a gallon. analysts say the cost should drop soon because the supplies are about to increase. keep in mind, one refinery is back on-line after it last power last week. farmers in california say the cost of gas is hurting their bottom line. obviously. the economists say for now, this should not translate into significantly higher food prices at the grocery store, but stand by. a leukemia patient who said she was making an end of life trip to hawaii claims the transportation security administration agent refused her request for a private pat down and forced her to lift up her shirt and peel back her bandages. this woman also claims the agent opened a saline bag and contaminated the fluid that keeps her alive. she claims this happened at the airport in washington state last week and that she even called the airline ahead of time to request a wheelchair, explaining her whole thing, to ask how to properly get her medicine
4:38pm
through security because without it, she can't survive. a seattle news station reports the tsa spokeswoman said it's against policy for agents to deny passengers questions for private screeners and that the agency is investigating. that deadly meningitis outbreak linked to shots for back pain has killed more people and has spread to another state and tonight the feds are putting out warnings about just how many of us may be at risk. plus, huge delays in part of amtrak's busiest line. and you see this? it's not just a headache for commuters. it's even causing problems for -- hold your breath now -- the new york yankees? you better look out, amtrak. you don't know who you're messing with now
4:39pm
4:40pm
4:41pm
>> shep: there is a new study out that shows that for the first time in the nation's history, protestants do not make up a majority of americans. according to a pugh forum on religion and public life, all
4:42pm
protestant denominations now total 48% of our population. that's down from two-thirds as recently as the 1970s. it comes at a time when there are no protestants on the supreme court, nor for the first time on the republican presidential ticket. so what happened? the research suggests this is likely due to a spike in the number of nondenominational christians and americans who now claim to have new religious affiliation. 11 people have died from a deadly outbreak of meningitis and we're now told thousands of us could be at risk. that's from the centers for disease control and prevention which confirmed three more deaths, two in tennessee. one in michigan. it reports there are now 119 confirmed cases, including the first one in new jersey. that brings to ten the number of states reporting the illness. this form of meningitis is not contagious. it doesn't spread person to person. investigators linked the outbreak to steroid shots for back pain. cdc officials say 13,000 people received potentially tainted shots.
4:43pm
the specialty pharmacy that made the medication is recalling all of its products out of an abundance of caution. jonathan has more. even with the medication pulled, doctors say new cases of meningitis are most likely coming in. >> that's because of the long incubation period. typically people infected with the fungal meningitis will develop symptoms one to four weeks after exposure. but today, tennessee state health officials said that they have seen incubation periods ranging from six to 42 days. and some experts believe there may be rare instances where it could be a few months. so we're likely to see new cases through october and possibly into november or even beyond. this just in, some members of congress are asking the cdc and the f.d.a. for a briefing on this outbreak. >> shep: they're saying like 13,000 people got these shots. do they have a way to know how many of them they expect to actually get meningitis? >> hard to tell. this form of outbreak is
4:44pm
extremely rare. so the cdc is exploring some uncharted territory. listen. >> we don't know exactly at this point what the so-called attack rate is. that's the percentage of patients who actually received an injection that will become ill. so far, most of the patients we've contacted have not developed signs and symptoms of meningitis. >> but because of the long incubation period, people who received the back pain injection should call a physician if they develop unusual symptoms, which could range from fever and headache, to confusion or other neurological problems. antifungal therapies are believed to be most effective if started early. shep? >> shep: jonathan in atlanta, thanks. big problems with amtrak. it's up and running now after a big power out annual that shut down a section of the line. downed wires in northeastern maryland are said to have caused the disruption. the repair crews managed to get two of the three tracks back open. the delay affecting the beloved
4:45pm
new york yankees. train cancellation between baltimore and new york forced all of the team to -- i should say forced the team to call off practice today. the yanks were headed back to the bronks after last night's game two playoff loss against the orioles. no truth to the rumor that the red sox were responsible for amtrak this week. the dare devil known as fearless felix was strapped in and ready to fall 23 miles to earth. genius, right? his team called the whole thing off. we've been telling you about the stunt for months now. he was aiming to become the first sky dive tore break the sound barrier, free falling from the earth's atmosphere. the crew blamed high winds and radio problems for delaying the balloon launch today in new mexico. they'll try it again, but no word when. the plan is to jump from the balloon at 120,000 feet. that's taller than mount everest. that's three times the altitude which commercial jets fly. the sky diver will wear a pressurized space suit for the jump. if that suit fails, the doctor gives us this great news.
4:46pm
his lungs could explode and his blood could boil. north korea claims its missiles can indeed make a direct hit on u.s. soil. north korea. wait until you hear some of the accusations that rogue nation is lobbing against the united states. plus, the first congressional hearing on the deadly attacks in libya gets underway tomorrow. u.s. officials are already explaining why they denied extra security for the u.s. consulate before that assault. that's still ahead on the fox report as we make room for mr. bill 14 minutes from now.
4:47pm
4:48pm
4:49pm
>> shep: north korea, today it warned that it now possesses missiles capable of striking the united states mainland. the secretive regime claimed the united states is conspiring with south korea, get this, to invade communist north korea.
4:50pm
it came after south korea on sunday announced a deal with washington to expand the range of its missiles. north korea has long boasted its capable of raining fire, and that's a quote, on its enemy. back in april, it suffered an embarrassing failure when its newest rocket exploded shortly after launch. north korea is believed to have several small nuclear weapons, but the experts say they doubt it has the technology to mount them on anything, like a long-range missile to get them anywhere. the u.s. rejected extra security for the american consulate in benghazi because officials wanted to normalize operations in libya. that's from a state department security official to the associated press. and tomorrow that official is set to testify on capitol hill. it's the first hearing on the attack that killed the u.s. ambassador and three other americans at the consulate on september 11. fox news learned the state department refused to upgrade security at the compound even after staffers asked for more protection. katherine herrage has been on the story since the beginning and is in the dc news room of
4:51pm
the learning there were 230 security incidents in libya in the year before the attack. is that right? >> that's right. these incidents go well beyond a rpg attack on the british ambassador's convoy and other attacks. whether security was pulled back over the attack, the state department spokeswoman deflected. >> i think i'm not going to go into all of these kinds of time line details as to what we had when and where. >> the spokeswoman adding much of the detail will be covered in tomorrow's open hearings. >> shep: it's my understanding you've gotten an e-mail if a u.s. official in libya. is that right? >> that's right. this e-mail written by eric nordstrom,, said it paint add picture that the security was precarious. not in an environment where posts should to normalize
4:52pm
operations. in a rare interview, former c.i.a. director told fox the dots were there and they were connected, but there was a failure to act. >> when somebody tells me a couple of hundred times a year that i don't have a safe situation in my consulate or my embassy, i've got to do better than saying sorry, we can't help you. >> along with nordstrom, the state department manager who signed off on a waiver which meant the consulate was exempt from specific physical security standards is also testifying wednesday. >> shep: we're hearing more about surveillance video from that compound. >> fox is told that there is a security camera video, but it is, quote, limited and it comes from the consulate after republican senator bob corker, who was in libya, confirmed details of video to the "washington post." the attorney general suggested caution. >> people in congress be a little mindful of the fact there is an ongoing investigation and not reveal anything that might compromise our law enforcement investigation. >> new details confirmed by fox
4:53pm
showed the attack on the consulate and the annex unfolded over five hours and in addition to rocket propelled grenades, terrorists used gun trucks as well as those mortars. >> shep: katherine, thanks. quick update on the story we brought you on a cancer patient's claim that a tsa agent refused her request for a private pat-down and told her to pull back her bandages. in the last few minute, the transportation security administration has responded to us and in a statement a spokesman said after reviewing video from the security checkpoint, we have determined that our screening procedures were followed. at no point did a tsa officer open the passenger's medically necessary liquids and the passenger was never asked to remove or pull off any bandages. you may remember from moments ago that the woman claims she was making an end of life trip to hawaii last week when the incident happened. we'll follow it up. two scientists credited with clearing the way for super fast computers in super accurate clocks sharing the 2012 nobel prize for physics.
4:54pm
one of them is french. the other is an american. work at the university of colorado in boulder. together they developed ways to better study how sub atomic particles behave. nobel prize committee members say the research not only helps build faster computers and more accurate gps devices, but may lead to more precise way to keep time. at a news conference today, the french winner said and i quote, i feel like i got a lot smarter overnight. charlie brown and his buddies are coming back to the move whether or nottitier for the very first time in a very long time. coming up, details of a new movie about the peanuts gang [ female announcer ] looking for the right fit? [ grunting ] [ female announcer ] no worries! with aussie's simple, new hair solutions... [ whip cracking ] [ female announcer ] ...you're sure to find the perfect one for you. [ grunts ] [ female announcer ] add some roo to your do! by the armful? by the barrelful? the carful?
4:55pm
how about...by the bowlful? campbell's soups give you nutrition, energy, and can help you keep a healthy weight. campbell's. it's amazing what soup can do. ♪ pling a lone hand ♪ my life begins today ♪ ♪ fly by night away from here ♪ ♪ change my life again ♪ ♪ fly by night, goodbye my dear ♪ ♪ my ship isn't coming ♪ and i just can't pretend oww! ♪ [ male announcer ] careful, you're no longer invisible in a midsize sedan. the volkswagen passat. the 2012 motor trend car of the year. that's the power of german engineering.
4:56pm
tdd#: 1-800-345-2550 like a lot of things, the market has changed, tdd#: 1-800-345-2550 and your plans probably have too. tdd#: 1-800-345-2550 at charles schwab, we'll give you personalized recommendations tdd#: 1-800-345-2550 on how to reinvest that old 401(k). tdd#: 1-800-345-2550 so talk to chuck tdd#: 1-800-345-2550 and bring your old 401(k) tdd#: 1-800-345-2550 into the 21st century. tdd#: 1-800-345-2550 rollover your old 401(k) tdd#: 1-800-345-2550 to a schwab ira tdd#: 1-800-345-2550 and you can receive up to $600. tdd#: 1-800-345-2550 see schwab.com tdd#: 1-800-345-2550 for terms and conditions. ♪ ♪ ♪ ♪
4:57pm
that should do it. enjoy your new shower. [ door opens, closes ] you paid...wow. hmmm. let's see if walmart can help you find the same look for less. okay. see? walmart has all these leading eyewear brands and styles. rockstar! really? yeah. oh, wow! oh, black frame looks good on you. yeah? you can get a complete pair starting at just -- $38. really?! and did you know that our glasses come with a free 12-month replacement guarantee? i didn't know walmart had all this. the price is impressive, the quality is too! come to walmart and see for yourself. find quality eyewear brands starting at just $38. only at walmart. what are they fitting, aliens? >> charlie brown, pig pen, the whole gang heading back to the big screen for the first time in three decades. the president of 20th sent radio fox animation which our parent company owns, announced a new peanuts movie. set to hit theaters in 2015. that year will mark the 65th anniversary of the first peanuts
4:58pm
comic strip and the 50th anniversary of the iconic television special, charlie brown christmas. no word on a title for the movie. at the height of that popularity, some 355 million people around the world read peanuts every day. high school cheerleader used half time at a football game to shatter a guiness world record. look at this now. the 16-year-old from dallas did 35 back hand springs in a row, one after another, flipping from one 15-yard line to another. her teammates convinced her to go for the then record of 32 hand springs after she showed off her skills last season. she says she practiced all year to prepare for the record attempt and here is the ends of it. a couple of folks from guiness watched all along with the fans at the game to make the whole thing official. no, she did not fall down after. top story update now. a judge handed down a sentence of 32 to 60 years for the penn state football coach and convicted child sex abuser jerry sandusky. that means he'll spend the rest
4:59pm
of his life in prison. he blame the victims today. 11 people have died from that outbreak of rare form of meningitis, according to the centers for disease control and prevention. that disease has infected more than 100 other people. and on this day in 1936, the hoover dam harnessed the power of the colorado river when it began transmitting electricity to los angeles. crews completed that dam the previous year. it was primarily designed to bring much needed water to the american west, but the dam, which is the world's tallest at the time, was also capable of producing enormous amounts of hydroelectric power. and with los angeles booming less than 300 miles away, the demand, well, it was overwhelming. to this day, the hoover dam provides electricity and water to large parts of the american southwest, allowing cities and towns to spring up in a region once known as the great american desert. and the juice started flowing 76